Appeals court rules Michigan may enforce pre-Roe abortion restrictions

Local officials will be able to enforce the state's restrictions, effective immediately
Pro-abortion rights activists demonstrate in front of the U.S. Supreme Court Building on June 13, 2022 in Washington, DC.

August 1, 2022 3:12pm

Updated: August 1, 2022 3:48pm

The Michigan Court of Appeals on Monday ruled found that the state's county prosecutors may enforce the state's abortion restrictions that existed prior to the Roe v. Wade ruling which created a national right to abortion.

A press release from Alliance Defending Freedom, whose attorneys participated in the case, announced the ruling and highlighted the court explicitly exempted county prosecutors from an initial court injunction barring enforcement of the law. Local officials will, therefore, be able to enforce the state's restrictions, effective immediately.

The Court of Claims halted enforcement of the state's restrictions in late May, prompting scrutiny from pro-life groups due to Chief Judge Elizabeth Gleicher's past political contributions to pro-choice organizations. Monday's ruling did not address Gleicher's contributions.

Michigan's 1931 abortion ban outlaws the procedure entirely except to save the life of the mother. It does make make exceptions for rape or incest, according to

At the state level, Michigan Democratic Gov. Gretchen Whitmer is emphatically-pro abortion and has launched her own legal efforts to maintain abortion access in the state. Monday's ruling, however, will allow local level enforcement by county prosecutors inclined to do so.